north dakota nonpoint source pollution … · i. introduction sediments, nutrients, pesticides, and...

NORTH DAKOTA

NONPOINT SOURCE POLLUTION MANAGEMENT

PROGRAM

COST-SHARE GUIDELINES FOR

NONPOINT SOURCE POLLUTION CONTROL

BEST MANAGEMENT PRACTICES

August 2020

Table of Contents

Introduction ..............................................................................................................................................1

Approved Agricultural Best Management Practices ...............................................................................1

Section 319 BMP Implementation and Cost Share Agreements .............................................................7

Agricultural BMP Cost-Share Assistance ...............................................................................................9

Eligible Inkind Match Associated with BMP Implementation ..............................................................10

BMP Operation and Maintenance Conditions .......................................................................................12

NPS Program Cost-Share Policies for the Replacement or Repair of

Onsite Sewage Treatment Systems ........................................................................................................13

NPS Program Cost-Share Policies and Rates for Urban Stormwater Management BMP ....................15

NPS Program Cost Share Policies for Livestock Manure Management Facilities ................................16

NPS Program Cost Share Policies for Multi-Year Easements and Short-Term Management

Agreements for Riparian Areas .............................................................................................................28

Approved Methods and Requirements for Procuring Construction

Services, Equipment and Supplies .........................................................................................................32

Appendix A: Contacts for Downloading the NPS Program BMP Tracking Database

Appendix B: Section 319 Cost Share Agreement Provisions

Appendix C: Habits for Effective Conservation Planners

Appendix D: Guidelines for Determining Potential Effects to Cultural Resources

Appendix E: Partial System Manure Management Plan

Appendix F: Sample Landowner/Contractor Contract

Appendix G: Example of a Multi-Year Easement Notice of Agreement

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I. INTRODUCTION

Sediments, nutrients, pesticides, and livestock wastes are the most common NPS pollutants affecting

the water quality of many North Dakota waterbodies. These pollutants are generally delivered to

waterbodies by way of runoff waters, wind, percolation, or atmospheric deposition. To effectively

reduce or eliminate the transport of these pollutants to surface and/or groundwater, various source

control measures must be implemented within the watersheds of the impaired waterbodies.

Under the ND NPS Pollution Management Program (NPS Program), a variety of source control

measures have been approved for controlling or preventing urban and rural NPS pollution. These

control measures are defined as best management practices (BMP) which are designed to: 1) prevent

pollutants from leaving a specific area; 2) reduce/eliminate the introduction of pollutants; 3) protect

sensitive areas; or 4) prevent the interaction between precipitation and pollutants. Some common

examples of source control BMP utilized by the NPS Program are conservation tillage, grassed

waterways, nutrient management, stormwater retention ponds, and livestock manure containment

facilities.

Voluntary implementation of the appropriate BMP is best accomplished by providing one-on-one

technical assistance and, when necessary, cost-share assistance to install the BMP. Ultimately, the

specific BMP which are actually implemented will be dependent on the: 1) type of NPS pollutants; 2)

source and cause of the pollutants; 3) delivery mechanisms being addressed; 4) landowner objectives;

and 5) physical/financial limitations associated with the implementation of the practices.

II. APPROVED AGRICULTURAL BEST MANAGEMENT PRACTICES

While many agricultural BMP can be implemented with very little or no expense to the landowner,

some practices may require a substantial investment. Because of such instances, the NPS Program

will provide cost-share assistance, when necessary, to offset expenses associated with the application

of certain BMP. Cost-share assistance will be provided at a sixty percent (60%) federal and forty

percent (40%) landowner matching ratio.

Agricultural BMP eligible for cost-share assistance through the NPS Program include many of the

conservation practices listed in the NRCS electronic Field Office Technical Guide (eFOTG). Table 1

identifies the specific BMP from the eFOTG that are eligible for cost-share assistance through the

NPS Program. Several additional BMP, that are not included in the eFOTG, are also eligible for cost

share assistance under the NPS Program. These additional BMP are listed in Table 2.

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Table 1: Approved Best Management Practices from the NRCS eFOTG

NRCS CODE

PRACTICE

LIFE SPAN (YEARS)

PLANNING

RATE COST-SHARE

PAYMENT

328 Conservation Crop Rotation - - NCP NCP

656 Constructed Wetland 10 Engineer Estimate Footnote 1

340 Cover Crop (seed costs only) 1 $20.00/ac. Footnote 1

342 Critical Area Planting 10 $300.00/ac. Footnote 1

356 Dike 10 $1.90/cu yd Footnote 1

362 Diversions 10 $1.90/cu yd Footnote 1

382 Fencing (3-strand and 4-strand

barbed) 10 $1.80/ft. - 3-strand

$1.90/ft - 4-strand $1.08/ft. - 3-strand

$1.14/ft - 4-strand

382 Fencing (woven wire) 10 $2.00/ft. $1.20/ft.

382 Fencing (2 wire electric) 10 $0.95/ft. $0.57/ft.

382 Fencing (single wire electric) 10 $0.90/ft. $0.54/ft.

386 Field Border (seed costs only) 10 $20.00/ac. Footnote 1

393 Filter Strip (planting/establishment

only) 10

$125.00/ac Footnote 1

410 Grade Stabilization Structure 10 Engineer Estimate Footnote 1

412 Grassed Waterway 10 $25.00/lnft. Footnote 1

422 Hedgerow Planting 10 $20.00/hlnft Footnote 1

447 Irrigation System Tailwater

Recovery 10 Engineer Estimate Footnote 1

472 Access Control/Use Exclusion

(Livestock only) 1

$20.00/acre $12.00/acre

634 Manure Transfer 10 Engineer Estimate Footnote 1

590 Nutrient Management (Advanced

Precision only) 1

$27.00/acre Footnote 2

512 Pasture & Hayland Planting (Forage

& Biomass Planting) 5 $55.00/ac. Footnote 1

Footnote 5

595 Pest Management -- NCP NCP

516 Pipelines 10 $3.15/ft. Footnote 1

378 Pond 10 Engineer Estimate Footnote 1

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NRCS CODE

PRACTICE

LIFE SPAN (YEARS)

PLANNING

RATE COST-SHARE

PAYMENT

528A Prescribed Grazing 3 $5.00/ac. $3.00/ac.

550 Range Planting 10 $40.00/ac. Footnote 1

329A Residue Management, No Till &

Strip Till --

NCP NCP

329B Residue Management, Mulch Till -- NCP NCP

329C Residue Management, Ridge Till -- NCP NCP

391 Riparian Forest Buffer 10 $350.00/ac. Footnote 1

390 Riparian Herbaceous Cover 10 $300.00/ac. Footnote 1

558 Roof Runoff Structure 10 Engineer Estimate Footnote 1

350 Sediment Basin 10 Engineer Estimate Footnote 1

574 Spring Development 10 Engineer Estimate Footnote 1

584 Stream Channel Stabilization 10 Engineer Estimate Footnote 1

580 Streambank & Shoreline Protection 10 Engineer Estimate Footnote 1

587 Structure for Water Control 10 Engineer Estimate Footnote 1

600 Terrace 10 Engineer Estimate Footnote 1

610 Salinity & Sodic Soil Management (establishing vegetative cover only)

10 $20.00/ac. Footnote 1

614 Trough and Tank (includes frost-free

tanks) 10 Local Rate Per Tank Footnote 1

601 Vegetative Barrier (establishment

only) 10 $125.00/ac. Footnote 1

312 Livestock Manure Management

System 10 Footnote 3 Footnote 3

635 Waste Water Treatment Strip (establishment only) 10

$125.00/ac. Footnote 1

633 Waste Utilization (cannot exceed

5000 tons; limited to partial manure

management systems) 1 $2.00/ton $1.20/ton

638 Water and Sediment Control Basin 10 Engineer Estimate Footnote 1

640 Water Spreading 10 Engineer Estimate Footnote 1

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NRCS CODE

PRACTICE

LIFE SPAN (YEARS)

PLANNING

RATE COST-SHARE

PAYMENT

642 Well (livestock only) 10 Local Rate per Well Footnote 1

351 Well Decommissioning 10 $1,100.00 each Footnote 1

658 Wetland Creation 10 Engineer Estimate Footnote 1

657 Wetland Restoration 10 Engineer Estimate Footnote 1

380 Windbreak/Shelterbelt

Establishment (Footnote 4) 10

$35.00/hlnft Footnote 1

Footnotes

NCP - Non cost-shared practice

1) Section 319 cost-share assistance for these BMP must be based on the actual documented costs. Section 319 assistance cannot

exceed 60% of the actual costs.

2) Cost share assistance for Nutrient Management 590 will be limited to “Advanced Precision Nutrient Management.” The

practice will be limited to 640 acres/producer and the planning rate will be a “not- to-exceed” rate of $27.00/acre. Cost share will

be based on the actual documented costs for field mapping services (~$17.50/acre), soil tests (~$5.50/acre) as well as a fixed

planning rate of $4.00/acre for additional costs incurred for variable application of fertilizers. Contracts for the practice can be 1-3

years in length. Maximum cost share cannot exceed $16.20/acre/year. NRCS requirements for Advanced Precision Nutrient

Management must be followed.

3) See Section IX for the different practices and cost share assistance policies associated with the installation of the manure

management systems.

4) Limited to windbreaks/shelterbelts for wind protection in agricultural fields and/or adjacent to newly permitted animal feeding

operations. A windbreak or shelterbelt established solely for wind protection of a farmstead is not eligible for Section 319 support.

5) The actual costs for Forage and Biomass Plantings must be based on $20/acre (allowance for site preparation and seeding) plus

the actual costs for the seed. The amount of seed eligible for cost share assistance cannot exceed the recommended NRCS seeding

rate. Also, the seed for nurse crops will not be eligible for Section 319 cost share assistance.

Table 2: Eligible BMP not included in the NRCS eFOTG

Code Practice Name - Planning Rate - BMP

Lifespan (See footnote 1) Code Practice - Planning Rate

001 Cultural Resource Review - $1295/number;

Lifespan - 1 yr. 029 Rock Toe or Barb (in-place) - $75.00/cu.yd

– See footnote (6)

003 Tree Hand Plants (Rooted) - $4.50/number -

(50% material/50% labor) 030 Root Wads (in-place) - $500/number – See

footnote (6)

004 Solar Pumps - $3,200/number 031 Vegetated Gabions - $76.00/number – See

footnote (6)

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005 Pre-Construction Engineering Services –

Engineer’s Estimate; Lifespan - 1 yr. 032 Weed Control for Established Trees

(Chemical) - $12.00/100 ft.

006 Construction Engineering Services -

Engineer’s Estimate; Lifespan - 1 yr. 033 Site Prep for Trees (Light Mechanical with

Chemical) $52.00/acre; Lifespan - 1 yr.

007 Post Construction Engineering Services

Engineer’s Estimate; Lifespan - 1 yr. 034 Site Prep for Trees (Heavy Mechanical

with Chemical) $125.00/acre; Lifespan - 1

yr. – See footnote (6)

020 Tree Machine Planting - $35.00/hlnft – See

footnote (6) 035 Site Prep for Trees (Light Mechanical) -

$40.00/acre; Lifespan - 1 yr.

021 Tree Hand Plants (2 ft. Non-Rooted) -

$3.50/number - (50% material/50% labor) 036 Site Prep for Trees (Heavy Mechanical) -

$115.00/acre; Lifespan - 1 yr. – See

footnote (6)

022 Willow Post Planting - $2.00/number 037 Soil Test (Cropland Nutrient Mgt.) -

$40/sample; Lifespan - 1 yr.

023 Willow Fascines, Wattles, or Barbs -

$15.00/ft. – See footnote (6) 038 Precision Nutrient Management – See

Practice 590, Nutrient Management, in

Table 1

024 Brush Mattress, Layering, or Packing -

$15.00/ft. – See footnote (6) 039 GPS Equipment - Not eligible as a stand-

alone practice. See practice 590 in Table 1.

025 Evergreen Revetment - $50.00/ft. – See

footnote (6) 056 Alternative Power Source (Livestock

Watering Only) - Lowest price quote

026 Timber Stand Improvement (Scarification) -

$200/ac. – See footnote (6) 057 Exclusion Fencing for Riparian Area

Management - $1.80/ft.

027 Direct Seeding of Trees - $520/ac. 058 Riparian Easement on Cropland - Non-

Irrigated Cropland CRP Soil Rental Rates

028 Streambank Reshaping - $15.00/cu.yd. –

See footnote (6) 059 Riparian Easement on Pasture/Range -

Marginal Pastureland CRP Soil Rental

Rates

060 Weed Control for Established Trees (Full

Weed Barrier) - $60/hlnft. 061 Weed Control for Established Trees

(3x3Weed Barrier Sq.) - $5.00/number

062 Tree Tube Shelter (3 ft.) - $7.50/number 063 Tree Thinning (Riparian areas only) -

$82.50/acre – See footnote (6)

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064 Selective Debris Removal - This practice is

ineligible for Section 319 cost share 065 Rural Water Hookup - $1,400/hookup - See

footnote (2)

066 Portable Windbreak - - $35.00/ft - See

footnote (3) 067 Electric Fence Energizer - -$290/number -

See footnote (4)

068 Irrigation System (Site-specific approval

required) – See footnote (5)

(1) Unless otherwise indicated, for operation and maintenance purposes, the expected lifespan for the BMP listed in the

Table 2 is 10 years.

(2) Eligible costs for a rural water hookup only include the costs for materials and labor associated with installation of the

meter pit and flow restrictor. Other costs such as signup fees and satellite readers are not eligible.

(3) Section 319 support is limited to portable windbreaks needed for partial manure management systems. The maximum

allowable length for windbreaks is two foot/animal if the windbreak panels will be set in an “L” shape or roughly

perpendicular to one another or one foot/animal if the windbreak is set in a straight line. Maximum allowable total cost

for windbreak panels is $35/foot (i.e., $21/foot in 319 cost share). Windbreak panels must not be used on native

rangeland

(4) Section 319 cost share assistance for an electric fence energizer is only allowable if it is needed for new cross fencing

scheduled under a prescribed grazing system or partial manure management system. Cost sharing an energizer as a stand-

alone practice is not allowable.

(5) Section 319 cost share assistance is limited to irrigation systems installed specifically for the management of runoff

water collected in containment ponds associated with a permitted livestock manure management system. Section 319 cost

share assistance must be based on actual costs not to exceed $15,000/system.

(6) For the purpose of determining potential effects on cultural resources, these practices are considered undertakings.

Refer to Appendix D for requirements and guidelines regarding consultation with the State Historic Preservation Officer.

The planning rates listed for the BMP in Tables 1 and 2 should be used to develop the producer

contracts obligating Section 319 funding for scheduled BMP. However, if the local rates for a practice are

known, the project sponsors can use the local rates to develop the producer contract. Regardless of

which planning rates are used, the planning rates are only for planning purposes and must not be used

to determine the amount of actual Section 319 cost share assistance. Actual Section 319 cost share

assistance cannot exceed any limitations described in the Table 2 footnotes and must be based on the

actual documented costs or the cost share payment amount listed in Table 1. Total Section 319

assistance cannot exceed 60% of the documented actual costs. The balance of costs (i.e., 40%) will

be the responsibility of the local sponsors and/or cooperating landowner or producer.

The NPS Program also supports other practices that are not listed in Tables 1 and 2. These additional

BMP are listed in Sections VII, VIII, IX, and X. The North Dakota Forest Service (NDFS) has also

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developed Forestry BMP Guidelines for the state. The NDFS guidelines should be used to help

determine the appropriate practices to prescribe under resource management plans involving forestry

management. The web address for the NDFS guidelines is:

https://www.ag.ndsu.edu/ndfs/documents/bmp-2010-final-doc-11-12-10.pdf

III. SECTION 319 BMP IMPLEMENTATION AND COST SHARE AGREEMENTS

Local Section 319 project staff will be responsible for the development of the appropriate producer

agreements scheduling BMP implementation and cost share assistance. All information, (e.g.,

completion dates, amounts, costs, etc.) pertaining to the planned BMP must be included in the

producer’s Section 319 Conservation Plan of Operation (CPO) and the associated CPO Comments

Form. The CPO and Comments Form, in conjunction with the Section 319 Cost Share Agreement

Provisions Form, will serve as the sponsor’s contractual agreement with the producer. Prior to the

installation of the planned BMP, the CPO and Provisions Form must be signed and dated by the

cooperating producer. The project sponsors must also sign the CPO to document their approval of the

financial assistance for the planned BMP.

The CPO and CPO Comment Form are reports generated through the NPS Program BMP Tracking

database. NPS Program contact information for downloading the database is provided in Appendix

A. The Section 319 Cost Share Agreement Provisions Form is provided in Appendix B.

During the development of a CPO, all sources of NPS pollution should be identified on the farm unit.

to determine specific BMP options. Using this information, the producer’s management objectives

must also be discussed to identify the most appropriate BMP for addressing water quality and natural

resource concerns on their operation. Only the agreed upon BMP that will effectively address the

identified NPS pollution sources should be included in the Section 319 CPO. While it is

recommended the CPO address all NPS pollution management needs on the entire farm, a CPO for

site specific concerns or a single practice is allowable. A list of actions or “habits” for initiating and

conducting an effective conservation planning process with a producer is provided in Appendix C

As part of the CPO development process, the potential effects of scheduled BMP on cultural

resources must be evaluated to determine if the BMP will impact cultural resources. To make this

determination, the State Historic Preservation Officer (SHPO) must be consulted regarding the

potential effects of any BMP that is defined as an undertaking by the SHPO and NPS Program.

Specific BMPs identified as undertakings are listed in the NPS Program Guidelines for Determining

Potential Effects to Cultural Resources (Appendix D). The steps for consulting with SHPO are also

provided in the guidelines in Appendix D. Any BMP that will negatively impact cultural resources

will not be eligible for Section 319 cost share assistance and must be omitted from the CPO.

The initial length of a CPO should not exceed three years. In the event it is necessary to exceed three

years, the project sponsors must be able to ensure enough financial and technical assistance will be

available to support the financial obligations and BMP implementation requirements described in the

https://www.ag.ndsu.edu/ndfs/documents/bmp-2010-final-doc-11-12-10.pdf

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CPO. In addition, each cooperating producer within a specific project area will be limited to one

CPO for the duration of the project period. However, the CPO can be revised and/or extended

throughout the project period. A summary of the information required in a signed and approved CPO

is as follows:

• Name and address of the cooperating producers.

• Types of BMP scheduled for cost-share assistance as well as any non-cost-shared management

requirements.

• Total amount (e.g., acres, feet, number, etc.) of the BMP under contract. If more than one

BMP is scheduled for implementation, list the amount for each BMP.

• Maps and legal descriptions (Twp/Range/Sec/Qtr/Qtr) of the locations of cost-shared and non-

cost-shared BMP scheduled under the CPO. The code for the 12-digit hydrologic unit where

the BMP will be applied must also be entered in the NPS Program BMP Tracking database.

• BMP implementation and cost-share payment schedule.

• The BMP "planning rate" listed in this document or the appropriate local rate or engineer cost

estimate for the practice.

• Amount of cost-share assistance being requested for each BMP.

• Amount of producer match per scheduled BMP.

• Appropriate language requiring proper operation and maintenance of scheduled BMP for the

approved lifetime of the practice.

• If applicable, a producer agreement to donate BMP inkind match to the project to support

project management and planning assistance. The Cost Share Agreement Provisions in

Appendix B include language pertaining to BMP inkind match donation.

• The amount of BMP inkind match to be donated by the producer; BMP that will be used to

generate the match; and the year the match will be donated to the sponsors.

Under an approved CPO, cost-share assistance can only be provided after a scheduled BMP has been

fully implemented according to NRCS standards and specifications or other standards approved by

the NPS Program. In the event a producer or landowner is unable to implement a BMP due to

uncontrollable circumstances, cost-share payments will not be issued that particular year. In such

cases, the CPO can be revised to adjust the BMP implementation and payment schedule. Subsequent

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cost-share payments would then be based on the new schedule. The local sponsors will be

responsible for verifying proper implementation for all BMP scheduled under a CPO.

IV. AGRICULTURAL BMP COST SHARE ASSISTANCE

Section 319 cost share assistance for approved agricultural BMP must be based on the actual

documented costs or the pre-determined cost share payment listed in Tables 1. Cost-share payments

provided through the NPS Program cannot exceed 60 percent of the actual costs. The remaining 40

percent will be the responsibility of the cooperating producer and/or sponsoring entity. The 40

percent match requirement can be provided in the form of cash and/or inkind match. All BMP costs

and associated match must be documented and verified by the project sponsors or staff before cost-

share assistance can be issued.

A. Cost-Share Limitations

Limitations on some BMP have been established to ensure efficient use of cost-share funds within the

local project areas. The restrictions for the applicable BMP are as follows: 1) maximum of three

years of cost share assistance per producer and 2) maximum of 640 acres eligible for cost-share

assistance, annually. Specific BMP for which these restrictions apply are listed in Table 3:

Table 3: BMP with Cost-Share and Acreage Limitations

Access Control/Use Exclusion (Livestock

Only)

Nutrient Management (Advanced

Precision Only)

Prescribed Grazing Cover Crops (See limits below on prevent plant

acres)

Additional restrictions have been established for cover crops regarding planting on prevented plant

acres and timing of termination. Cost share assistance for cover crops planted on USDA prevent

plant acres will not be eligible if the cover crops are only planted for one year on the acres enrolled in

the prevent plant program. However, if the prevent plant acres are part of a multi-year plan to utilize

a multi-species cover crop mix (i.e., 3 or more species) to improve soil health, Section 319 cost share

can be used to support the cover crops planted on the prevent plant acres. In addition, cover crops

supported with Section 319 cost share cannot be tilled under in the fall and must also be maintained

through the winter months.

A CPO scheduling the implementation of any BMP listed in Table 3 must comply with all the

limitations described in this section. Total acreage per BMP enrolled cannot exceed 640 acres,

annually and cost share assistance per producer for the BMP must be limited to a maximum of 3

years. The eligibility of planned cover crop plantings on prevent plant aces must also be verified in

the comments for the CPO.

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B. Authorization Criteria for Cost-Share Assistance

Section 319 cost-share assistance will be authorized when the following criteria have been met:

• The BMP has been implemented according to the NRCS standards and specifications or

alternative standards and specifications approved by the NPS Program. For manure

management systems or structural BMP that require professional engineer services, the

engineer must provide verification the BMP has been installed according to design.

• Project personnel have verified the completion of the BMP and compliance with the operation

and maintenance conditions for the cost-shared practice.

• The associated expenses have been properly documented and the cooperating producer has

provided the appropriate documentation to the project sponsors or staff.

• An Application for Payment Form has been completed to identify the costs of the completed

BMP and the form has been reviewed and signed by the cooperating producer. (Note: The

Application for Payment Form is a report generated by the NPS Program BMP Tracking

database. Refer to Appendix A for individuals to contact to obtain the database.)

• The project sponsors have approved and signed the producer’s Application for Payment Form

and provided a copy to NPS Program personnel.

• The appropriate Section 319 reimbursement paperwork, (including copies of the signed

Application for Payment Forms and the associated BMP Expenditure Summary Report), has

been submitted by the project sponsors to the NPS Program for review and approval. (Note:

The BMP Expenditure Summary Report can be developed with the NPS Program BMP

Tracking database)

V. ELIGIBLE INKIND MATCH ASSOCIATED WITH BMP IMPLEMENTATION

To indirectly support project activities and technical assistance, the project sponsors, (with the

participating producer’s concurrence), can schedule BMP to be implemented with no cost share

assistance or at a reduced cost share rate in a CPO. When doing this, the full value of the applied

BMP or the difference between the 60% Section 319 cost share rate and the reduced cost share rate

can be documented as “BMP Inkind Match.” The inkind match value of the BMP must be based on

the BMP planning rates provided in these Guidelines or the actual documented costs for the practice.

Eligible BMP will include the practices that are listed in these Guidelines and recognized as priority

practices in the approved project implementation plan (PIP). All practices being tracked as a BMP

inkind match source must be included in an approved CPO and AFP.

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During the development of the CPO, the cooperating producer must be informed of the BMP inkind

match and agree to donate the BMP inkind match to the project before it can be documented as

eligible match. The producer’s agreement to donate the BMP inkind match will be confirmed by their

signing the CPO. The full value of the BMP inkind match will be documented in the signed AFP and

the Inkind Match Services Summary included in the applicable reimbursement requests submitted to

the NPS Program. Before the BMP inkind match can be included in the AFP or Inkind Match

Services Summary report, project staff must verify and document the BMP were properly installed

and maintained.

BMP inkind match generated by a project can be applied as match to Section 319 funds used to

support costs associated with educational activities (e.g., workshops, training, publications, etc.),

monitoring, and technical assistance provided by the project sponsors. This may include costs such as

speaker fees, room rental, advertisements, salaries, fringe benefits, supplies, travel, and equipment. In

addition, when approved by the NPS Program, the BMP inkind match may also be used as match for

other Section 319 cost-shared BMP implemented in the project area.

A. Authorization Criteria for BMP Inkind Match Eligibility

BMP inkind match will be eligible match to Section 319 funds if all the following criteria are met and

properly documented:

• Project staff provided technical assistance during the planning phase for the practice and

developed the CPO to schedule implementation of the BMP.

• The CPO and Section 319 Cost Share Agreement Provisions Form have been reviewed and

signed by the producer. The CPO must also be signed by the project sponsors.

• The applied BMP is identified in the approved Section 319 project implementation plan as a

practice needed to address documented water quality and/or NPS pollution concerns in the

project area.

• The BMP is eligible under the NPS Program and was scheduled for implementation under an

approved CPO.

• The BMP was not implemented prior to the development of the CPO; was not supported by

other federal funds; and will result in an improvement of previous management activities on

the identified acreage.

• The BMP was fully installed and maintained according to NRCS standards and specifications

or alternative practice specifications approved by the NPS Program.

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• Compliance with the appropriate BMP standards and specifications has been verified and

properly documented by local project staff.

• The value of the BMP inkind match was based on the appropriate NPS Program planning rates

or actual costs.

VI. BMP OPERATION AND MAINTENANCE CONDITIONS

Recipients of Section 319 cost-share assistance for the installation of BMP will be responsible for the

operation and maintenance (O&M) of such practices. All cost-shared BMP must be maintained at a

functional level for the life span of the practice as identified in Tables 1 and 2 and Sections VII – X.

The life span of a practice is the minimum number of years the practice should serve its purpose with

normal care and maintenance. Cost sharing must be refunded if the recipient destroys a practice

during its life span unless a release is approved by the project sponsor and NPS Program before the

practice is destroyed.

Maintenance of a practice is the keeping of a practice in a workable condition for its specified life

span. There are many practices, such as forestry plantings, critical area treatments, and livestock

manure containment facilities that should last well beyond the maximum 10-year life span.

Therefore, the project sponsors and staff must advise cost-share recipients they will be expected to

maintain the practice for all its useful life.

The operation and maintenance of cost-shared practices will be determined through periodic

compliance checks. The frequency of O&M compliance reviews will be dependent on the type of

practice and its designated life span. For the “management practices” with a one year life span,

compliance reviews will be conducted annually to determine compliance and eligibility for cost share

assistance. Structural practices with life spans greater that one year will be inspected immediately

after construction to verify completion and at least two more times during the project period to

determine if the practice continues to be properly maintained. For O&M compliance review

purposes, the maximum life span for any practice will not exceed 10 years. Those practices with a

life span greater than ten years will only be subject to compliance reviews during the first 10 years.

A Section 319 Cost Share Agreement Provisions Form (Appendix B) signed by the producer requires

any cost-shared practices to be maintained for the entire life span of the practice. The local Section

319 project sponsors and/or staff will be responsible for verifying compliance with this operation and

maintenance condition for the duration of the project period. When necessary, post-project

compliance inspections of BMP with life spans exceeding the length of the project will be

coordinated between the NPS Program and the previous project sponsors. The NPS Program will be

responsible for post-project inspections.

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VII. NPS PROGRAM COST-SHARE POLICIES FOR THE REPLACEMENT OR REPAIR

OF ONSITE SEWAGE TREATMENT SYSTEMS

Section 319 funding can be used to cost share the repair or replacement of some privately-owned

onsite sewage treatment systems. Eligible systems will be limited to treatment systems installed

before January 1, 2010 that are discharging effluent directly into a waterbody and/or identified as a

source of pollutants impairing the beneficial uses of a waterbody. Section 319 financial support will

be based on the documented costs associated with the onsite repair or replacement of the failed

system.

A. Cost-share Policies

Section 319 cost-share assistance will be authorized for the repair or replacement of an eligible onsite

sewage treatment system (system) if the following criteria are met.

• Failure of the system cannot be attributed to mismanagement or accidental damage by the

current owner.

• The system is discharging directly into a waterbody or has been identified, through the

appropriate investigations, to be a source of pollutants impairing a waterbody’s beneficial uses

• The system is for a private household or privately-owned dairy facility.

• The system replacement or repairs have been installed according to Plumbing Codes for

Private Sewage Disposal Systems (ND Administrative Code, Chapter 62-03.1-03) and/or any

requirements established by the local District Health Unit. As applicable, written verification

of compliance must be obtained from authorized District Health Unit personnel or the

contractor that installed the system.

• All eligible costs have been properly documented and the appropriate forms (i.e., CPO,

Application for Payment, etc.) have been signed by the system owner and approved by the

project sponsor and the NPS Program.

If an onsite sewage treatment system will be replaced with an alternative system that exceeds the

minimum requirements for onsite sewage treatment, Section 319 financial support will be determined

using a prorated value rather than the actual costs for the alternative system. This value will be based

on the estimated costs to repair or replace the failed system with an individual onsite sewage

treatment system that meets the minimum requirements. Total Section 319 support for the alternative

system cannot exceed 60% of this prorated value. Additional information that must also be provided

to the NPS Program when financial support is requested for an alternative sewage treatment system is

as follows:

14

• Identification of the total number and type of individual systems that do not comply with state

or local regulations or requirements for onsite sewage treatment. This number must be

verified by the local authority responsible for enforcement of the requirements.

• Written verification from the appropriate local authority regarding the specific onsite sewage

treatment options (e.g., holding tanks, drain-field systems, etc.) that are allowable under local

and/or state regulations or requirements.

• Two or more written price quotes on the estimated average costs to install the different onsite

treatment options that would be allowable. These cost estimates must be provided for each

treatment option or system type to allow verification of the least costly onsite treatment

option.

B. Cost-Share Eligibility and Rates

For a single household or dairy facility, Section 319 financial assistance can be used to support costs

associated with the exterior construction materials and services (e.g., holding tank, contractor, pump,

drain field, etc.) needed to install an onsite sewage treatment system that will comply with state or

local regulations or requirements. This includes the costs for the repair of the current treatment

system or replacement of the existing system with an equivalent onsite sewage treatment system.

Renovations or additions to the interior plumbing of the house or dairy facility will not be eligible for

Section 319 support unless project staff can verify the interior plumbing renovations are needed to

ensure a functional system is installed. Costs for the expansion of an existing system are also

ineligible for Section 319 financial support. The cost-share payments for a single household or dairy

facility will be based on actual documented costs. Section 319 cost-share assistance per system

cannot exceed 60% of the total eligible costs. The balance of costs (i.e., 40%) will be the

responsibility of system owner and/or local project sponsors.

The level of Section 319 financial support for the replacement of privately-owned onsite sewage

treatment systems with an alternative system that exceeds minimum onsite sewage treatment

requirements and/or replaces multiple onsite sewage treatment systems will be determined using the

following criteria:

• Total number and type of existing onsite sewage treatment systems that do not comply with

local and/or state requirements or regulations.

• Lowest estimated cost to replace each failed system with an individual onsite sewage

treatment system that will comply with the minimum state or local requirements.

Total Section 319 financial support for an alternative system will be based on the lowest estimated

costs to install individual onsite treatment systems that will fully comply with the minimum

15

requirements for onsite sewage treatment. Section 319 cost share assistance cannot exceed 60% of

this estimated cost. The balance of costs (i.e., 40% match to the 319 funds plus any additional costs

for the alternative system) will be the responsibility of system owners and/or local project sponsors.

If the total costs for the alternative system are lower than the total estimated costs for the appropriate

onsite repairs or replacements, Section 319 financial support will be based on the total documented

costs of the alternative system.

VIII. NPS PROGRAM COST-SHARE POLICIES AND RATES FOR URBAN

STORMWATER MANAGEMENT BMP

In the past, urban stormwater management systems were typically designed to serve as water

conveyance systems. These systems utilized culverts, ditches, storm drain systems, bridges, etc. to

move stormwater runoff safely and efficiently from one area to another. However, with growing

public concern regarding water quality impacts associated with urban NPS pollution, several new

types of stormwater management BMP have been developed. These “new” stormwater BMP are

designed to not only transport runoff waters, but also to modify the flow rates and volume of water as

well as improve the quality of the water transported in the system. The new stormwater management

systems address both water quality and quantity by utilizing BMP such as wet or dry detention ponds,

retention areas, natural filters (e.g., sand, vegetation), and/or constructed wetlands.

A. Cost-Share Policies

Although urban areas occupy only a small percentage of the total acreage in North Dakota, polluted

runoff from these areas can have a significant impact on the water quality and beneficial uses of a

waterbody. To help address this concern, Section 319 cost-share assistance can be provided to install

several types of urban BMP, if current Stormwater Rules do not apply to the targeted urban area.

Section 319 financial assistance cannot be used to support activities associated with compliance

requirements under the Stormwater Rules.

Given the requirements under the Stormwater Rules and the complexities associated with the design

and installation of stormwater management systems, cost share eligibility of urban BMP will be

determined on a case-by-case basis. All eligibility determinations will be accomplished, in

cooperation with the North Dakota Department of Environmental Quality (NDDEQ) and EPA Region

VIII Stormwater Program staff. Final approval for Section 319 funding will be dependent on current

requirements under the Stormwater regulations and other criteria such as; the type of BMP, beneficial

use impacts, interaction with existing stormwater management BMP, and appropriateness of the

proposed BMP.

B. Cost-Share Eligibility and Rates

If Stormwater Regulations do not apply to the targeted urban area, eligible urban BMP under the NPS

Program are as follows:

16

Infiltration Basins Wet Detention Ponds Dry Detention Basins

Infiltration Trenches Biofiltration Practices Stormwater Filters

Exfiltration Trenches Constructed Wetlands Extended Dry Detention Basins

Section 319 cost-share assistance for the installation of an approved urban BMP will be based on

actual documented costs. These costs may include, but not be limited to, contractor fees, materials,

and equipment rental. All project costs must be documented and verified by the sponsoring entity and

submitted to the NDDEQ. Cost-share assistance for eligible BMP will be provided at a sixty (60)

percent Federal and forty (40) percent local matching ratio.

IX. NPS PROGRAM COST SHARE POLICIES FOR LIVESTOCK MANURE

MANAGEMENT FACILITIES

A. Eligible Facilities

Section 319 financial assistance will be limited to animal feeding operations (AFO) that have been in

existence for 5 or more years and do not meet the federal definitions for a large concentrated animal

feeding operation (large CAFO). Facilities that are determined to be a large CAFO will not be

eligible for Section 319 financial assistance. Designation of a facility as a large CAFO must be based

on the federal limits set for the minimum number of animals allowed for a particular type (e.g., beef,

dairy, etc.) of animal feeding operation. The federal limits for the minimum number of animals per

specific type of large CAFO are listed in Subsection K.

B. On-Site Total Containment Facility Construction

Installation of the appropriate runoff control or containment practices within the existing feeding area

must always be the first management option considered. Specific practices that will be installed and

the construction schedules for the practices must be identified in the producer’s CPO and/or

attachments to the CPO (e.g., engineer cost estimate worksheet). Section 319 cost share assistance

obligated under the CPO for the eligible components of the facility must be based on the NPS

Program planning rates listed in Table 4 in Subsection I. Final construction designs for the facility

must be approved by a registered professional engineer.

C. Facility Relocation

In some cases, relocation of the animal feeding operation may be the most cost effective option.

Section 319 financial and technical assistance can be used to support facility relocations if it is

determined to be the most cost effective solution and approved by the project sponsors, NPS Program

and cooperating producer. Planning policies and limitations associated with facility relocations are as

follows:

17

• Documentation verifying that relocation is the most cost effective solution must be obtained

and included in the producer file. This documentation must compare the costs for facility

construction at the existing feeding area versus the relocation site. Section 319 financial

support must be limited to the least costly solution.

• Management limitations within the abandoned feeding area, (including buildings), must be

included in the operation and maintenance component of the producer’s CPO. Continued

concentration and/or feeding of livestock within the abandoned area will not be allowed

following the relocation of the feeding area.

• To the extent possible, existing equipment and/or materials (e.g. fencing, waterers, etc.) within

the abandoned feeding area must be salvaged and moved to the relocation site. Specific items

to be moved must be identified during the design and planning phase. As applicable, the

inkind value and/or costs associated with the relocation of the materials and/or equipment

must be included in the producer’s CPO and engineer’s cost estimates.

• If it is determined that certain materials or equipment (e.g., waterers, windbreaks, etc.) cannot

be moved or salvaged, Section 319 financial assistance can be used to replace the number or

amount of materials and/or equipment that will be abandoned within the existing feeding area.

Costs for additional materials or equipment (beyond what was at the existing feeding area)

installed at the relocation site will not be eligible Section 319 expenses or inkind match.

• Cost share assistance to move or replace buildings used within the existing/abandoned feeding

area must be approved by the NPS Program during the planning phase. If replacing a

building, the square footage of the replacement building to be cost shared cannot exceed the

total area housed by the building(s) being abandoned within the existing feeding area.

Financial assistance to move or replace a building must be based on the actual costs not to

exceed the planning rate in Table 4. Section 319 cost share cannot exceed $2.40/square foot

(i.e., 60% of $4.00). The approved planning rate and estimated Section 319 cost share

assistance must be included in the producer’s CPO.

• Potential surface and ground water impacts must be evaluated at the relocation site. Relocated

facilities cannot be placed in a flood plain or within an area with a water table less than 6 feet

from the surface.

• The total surface area contained by the relocated facility cannot exceed the total surface area

of the existing/abandoned feeding area or 500 square feet per animal. If loafing mounds are to

be constructed at the relocated facility, the maximum allowable space per animal is 300 square

feet. Square feet per animal must be based on the documented peak livestock concentrations at

the existing feeding area.

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• The bunk-line or feeding space per animal within the relocated system cannot exceed the

space that was provided at the existing/abandoned facility or 1 ½ feet per animal.

• A relocated facility that is defined as medium AFO must be designed to comply with federal

and state rules and regulations pertaining to a livestock manure management system of that

size.

• The owner/operator of the facility must obtain the applicable permit and/or approval from the

NDDEQ.

• Final construction designs for structural BMP at the relocation site must be approved by a

registered professional engineer.

• Section 319 assistance obligated for the eligible components of the facility must be based on

the approved NPS Program planning rates listed in Table 4.

D. Partial Manure Management Systems for Winter Feeding Areas

The installation of a full containment system is generally the preferred approach for addressing

manure management concerns within a livestock feeding area. However, under certain situations,

Section 319 funding can be used to support the installation of BMP that will not necessarily result in

full containment, but instead, will result in management changes that minimize the water quality

impacts associated with an animal feeding operation (AFO). Feeding systems eligible for this “partial

treatment” include AFOs for cattle (beef and dairy), horses, and/or sheep that are located within one

mile of a river, stream, lake or reservoir. The maximum number of animals that can be fed and

managed within an eligible partial manure management system (partial system) is dependent on the

type of livestock. The maximum allowable number per animal type is provided below.

Within an eligible AFO, Section 319 cost share assistance can be used to install practices that will

improve manure utilization and/or minimize runoff from or through the feeding area. Practices that

will enable the livestock producer to move from a concentrated feeding system to an “unconfined”

feeding system will also be eligible for Section 319 support.

The specific types of practices used within a partial system will vary considerably and be dependent

on several factors including facility size, type of animals, and the producer’s management objectives.

Typical practices that will be eligible for Section 319 cost share assistance include BMP such as

barbed-wire or electric fence; pipelines; wells; watering facilities; portable windbreaks and clean

water diversions. When applicable, the costs to remove corrals; water tanks and windbreaks from

abandoned areas will also be eligible for cost share assistance. Since water quality improvement is

the primary focus of a partial system, practices that are designed to enhance management (e.g., heavy

use pads, bunkline fencing; corrals; buildings relocation; etc.) will not be eligible for Section 319

support in a partial manure management system. Specific eligibility requirements that must be met to

19

allow Section 319 financial support for a partial manure management system are as follows:

• The total number of animals fed/managed by the producer cannot exceed the following limits:

✓ Cattle (includes all cows, calves, heifers, steers, and bulls) 450

✓ Mature Dairy Cows 199

✓ Horses 149

✓ Sheep or Lambs 2,999

• If the partial system includes some livestock that will be confined for more than 45 days,

manure must be removed from the lot on a regular basis and all stockpiled manure must be

field applied annually according to an approved nutrient management plan. The producer

should also be encouraged to install structural practices that would minimize or treat runoff

from the confined feeding area (e.g., vegetative filter strips, diversions, etc.).

• The original feeding operation is located within 1 mile of a river, stream, reservoir or lake.

• The designs for structural practices that require excavation (e.g., clean water diversions,

earthen dikes, etc.) must be approved by a professional engineer.

• Within the tame pastures and/or cropland fields being used as winter feeding areas, the

stocking rates cannot exceed 4 animals per acre and the feeding sites must be moved

periodically to prevent manure accumulations that would negatively impact grass and/or crop

production the next year. Native rangeland cannot be used as a winter feeding area.

• Unless a variance is provided by the NPS Program, all-weather water source(s) must be

located in fields designated for winter feeding to supplement or replace water sources in the

farmyard.

• A partial system manure management plan, as described in Appendix E, must be approved by

the project sponsors and the NPS Program.

• When applicable, all fences, feed bunks, manure and waterers must be removed from any

areas that will be abandoned. The future use of the abandoned area must also be described in

the approved partial system manure management plan.

The requirements listed above must be addressed in the partial system manure management plan for

the feeding area and the fields where manure will be applied. This plan must identify the structural

practices to be installed as well as the annual management measures that will be implemented to

prevent or reduce the transport of manure to waters of the state. Guidelines for developing a Partial

System Manure Management Plan are provided in Appendix E. The completed partial system plan

20

must be signed and dated by the producer and approved by the NPS Program before Section 319 cost

share assistance can be issued for any BMP.

If the partial system manure management plan meets all requirements, the NPS Program will notify

local NPS project staff that the plan and scheduled Section 319 cost share assistance have been

approved. The NPS Program correspondence will not serve as a permit or approval to operate, but

instead, it is intended to be a means for documenting approval of the planned BMP and recognizing

the efforts of the producer. This recognition will only be applicable for the current facility as

described in the approved management plan. If the facility does expand or deviate from the approved

management plan, the producer should coordinate with local NPS project staff and NDDEQ personnel

to reevaluate the applicability of current state or federal permit requirements.

E. Construction & Cost Share Assistance Scheduling

During the planning process, a facility construction and cost share schedule (start/completion date)

must be established and identified in the comments for the producer’s CPO. If construction of the

system will occur over two phases or years, the completion dates; scheduled practices; and specific

costs for each phase or year must be identified in the producer’s CPO. The maximum allowable

length for a construction and cost share schedule cannot exceed two phases or two years. In addition,

cost share payments must be limited to two payments per system.

Under a two-phase schedule, the practices needed to comply with state manure management

regulations (e.g., containment pond, clean water diversions, etc.) must be installed during the first

construction phase of the facility. Installation of remaining practices such as fencing, watering

facilities, and seeding must be scheduled to occur during the second and final phase. Completion of

all practices scheduled for a specific phase must be verified by the project coordinator and the design

engineer before Section 319 cost share assistance can be solicited from the NPS Program. All the

appropriate forms or documents verifying completion must be signed and included in the cost share

request to the NPS Program.

F. Procurement of Services and Bid Policies

Due to construction requirements associated with manure management facilities, it may be necessary

for cooperating producers to employ private contractors. The specific method used by a producer to

secure a private contractor will generally be contingent upon the estimated costs and type of services

needed. Local project coordinators should review all the approved procurement methods with the

producer and assist them with the selection of the most applicable method. All applicable

procurement requirements for purchasing services or equipment must be followed by the producer.

Information on the approved procurement methods and definitions are provided in Section XI.

G. Producer Inkind Contributions

21

Eligible producer inkind contributions will only include services and equipment provided entirely by

the cooperating producer and/or their employees to complete a scheduled component of the livestock

manure management facility. Table 4 lists the value of producer inkind match associated with the

eligible construction items. Services or equipment purchased from an off-farm contractor or vendor

will not be recognized as producer inkind match. Instead, the value of these types of costs should be

documented as inkind match if the actual costs are verified with the appropriate receipt or voucher.

The value of eligible producer inkind services per construction item must be determined prior to

construction and agreed upon by the producer and project sponsors. These agreed upon producer

inkind services and values must be included in the producer’s CPO and/or associated attachments.

H. NDDH Permits and Approval

Full containment manure management systems supported with Section 319 funds must comply with

the applicable federal and state livestock manure management rules and regulations. The owners

and/or operators of these facilities must obtain a state permit from the NDDEQ AFO/CAFO Permit

Program. Technical assistance to obtain a state permit for a completed system should be provided by

the local Section 319 project staff. Partial manure management systems described in Subsection D do

not need to obtain a permit from the NDDEQ.

I. Planning Rates and Inkind Match Values for Eligible Construction Items

The approved NPS Program planning rate for each construction item must be used during the

planning and design phase to develop estimates for: 1) total facility costs; 2) Section 319 cost-share

obligations; and 3) producer match requirements. Since these design phase values will only reflect

estimated costs for each construction item, actual costs per item must be documented by the producer

and/or project sponsors. Upon completion of the scheduled construction items or phase, Section 319

cost share assistance and/or the value of producer inkind services must be determined using the actual

documented costs and methods described in Table 4. In most cases, the Section 319 assistance will

be based on the actual documented costs and the value of producer inkind services will be based on

the design phase cost estimates or written price quotes. Completion of all construction items for the

entire facility or a specific construction phase must be verified by the design engineer and project

staff before Section 319 cost share assistance can be requested from the NDDEQ.

22

Table 4. NPS Program Planning Rates for Estimating Manure Management System Costs; Methods for

Determining Section 319 Cost Share Assistance; and the Value of Producer Inkind Services.

Soil and Concrete Testing

Construction Item

Planning Rates for

Estimating Design

Phase Costs

Method for Calculating

Amount of Section 319 Cost

Share Assistance *

Value of Producer Inkind

Services **

Test Pits $500.00/pit Based on actual costs $500.00/pit

Initial Soil Testing $900/facility Based on actual costs Not an eligible inkind service

Clay Liner Testing $3000/facility Based on actual costs Not an eligible inkind service

Concrete Testing $40.00/cylinder Based on actual costs Not an eligible inkind service

Construction Area Site Preparation

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Tree/Obstruction Removal $1500/acre Based on actual costs, not to

exceed $1500/acre $1500/acre

Manure Removal $2.00/ton Based on actual costs, not to

exceed $10,000/facility $2.00/ton (not to exceed 5000 ton)

Fence Removal $1.00/linear foot Based on actual costs, not to

exceed $1.00/linear foot. $1.00/linear foot

Windbreak/Board Fence

Removal $3.50/linear foot

Based on actual costs, not to

exceed $3.50/linear foot. $3.50/linear foot

Waterer Removal $200/waterer Based on actual costs, not to

exceed $200/waterer $200/waterer

Building

Removal/Relocation (Salvaged & Relocated to

site in new system)

$5.00/square foot Based on actual costs not to

exceed $5.00/square foot. Not an eligible inkind service

Building Removal

(destroyed to allow

construction - burned,

buried, etc.)


exceed $0.50/square foot. $0.50/square foot

Earthwork

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Excavation/Earthfill $2.25/cubic yard Based on actual costs $2.25/cubic yard

Clay Liner Fill (placement) $3.00/cubic yard Based on actual costs $3.00/cubic yard

23

Local Clay Liner Fill

(stockpiled) $3.00/cubic yard Based on actual costs $3.00/cubic yard

Off-site (> 2 miles) Clay

Liner Fill (hauled &

stockpiled) $7.00/cubic yard Based on actual costs $7.00/cubic yard

Topsoil stripping $1.90/cubic yard Based on actual costs $1.90/cubic yard

Topsoiling $1.90/cubic yard Based on actual costs $1.90/cubic yard

Water for Construction $13.00/Kgal Based on actual costs $13.00/Kgal

Solid Separator Installation

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Concrete Walls & Flatwork

(in-place) $400/cubic yard Based on actual costs

Actual costs for material plus

$120/cubic yard for

installation

Drainfill (in-place) $15.00/cubic yard Based on actual costs

$3.00/ cubic yard for material

and $12.00/cubic yard for

hauling

Screens (in-place) $120/screen Based on actual costs $120/screen

Underground Outlet Pipes and Culverts

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

24" PE Pipe $22.00/foot Based on actual costs Not an eligible inkind service



18" Culvert $22.50/foot Based on actual costs Not an eligible inkind service

15" Culvert $18.75/foot Based on actual costs Not an eligible inkind service

Flared Ends $150/each Based on actual costs Not an eligible inkind service

Installation $20.00/foot Based on actual costs $20.00/foot

24

Access Road

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Gravel (in-place) $15.00/cubic yard Based on actual costs



hauling

Woven Geotextile $1.00/square yard Based on actual costs Not an eligible inkind service

Geotextile Placement $1.00/square yard Based on actual costs $1.00/square yard

Rock Rip Rap

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Rock (in-place) $75.00/cubic yard Based on actual costs $75.00/cubic yard

Non-woven Geotextile $1.00/square yard Based on actual costs Not an eligible inkind service

Geotextile Placement $1.00/square yard Based on actual costs $1.00/square yard

Heavy Use Areas (Note: Bunkline flatwork is limited to 12 ft. x 1 ½ ft./animal)

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Concrete Headwall (in-

place) $450/cubic yard Based on actual costs

Actual costs for materials plus

$135/cubic yard for

installation

Concrete Curb (in-place) $450/cubic yard Based on actual costs

Actual costs for material plus

$135/cubic yard for

installation

Concrete Flatwork (in-

place) $325/cubic yard Based on actual costs

Actual costs for materials plus

$135/cubic yard for

installation

Drainfill (in-place) $15.00/cubic yard Based on actual costs



hauling

25

Fencing

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Bunkline Fence (in-place) $20.00/linear foot Based on actual costs, not to

exceed $20.00/linear foot

Actual costs for materials, not

to exceed $10.00/linear foot,

plus $10.00/linear foot for

installation

Perimeter Fence (in-place) $20.00/linear foot Based on actual costs, not to





installation

Interior Fence (in-place)

(Replacement of fence lost

due to construction only)

$20.00/linear foot Based on actual costs, not to





installation

Woven Wire Pond Fence

(in-place) $3.50/linear foot






installation

4-Strand Barb Wire Pond

Fence (in-place) $2.83/linear foot






installation

Warning Signs $25.00/each Based on actual costs $25/each

Windbreak Fence

(Replacement of fence lost

due to construction only)

$25.00/linear foot Based on actual costs, not to





installation

Watering Supply

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Waterers (not to exceed the

number of waterers prior to

construction)

$2,000/waterer Based on actual costs, not to

exceed $2,000/waterer Not an eligible inkind service

Trenching $3.00/foot Based on actual costs

$2.10/foot for trenching and

$0.90/foot for backfilling

Waterline (in-place) $3.00/foot Based on actual costs $3.00/foot

26

Well & Pump (Only eligible

if existing water source is

verified as being

inadequate)

Due to variability will be

based on lowest local

costs

Based on lowest of two or more

written price quotes or bids Not an eligible inkind service

Electrical Hookup (Only

eligible if existing water

source is verified as being

inadequate)

Due to variability will be

based on lowest local

costs

Based on lowest of two or more

written price quotes or bids Not an eligible inkind service

Seeding

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Shaping, Grading,

Mulching & Seeding $1000/acre


exceed $1000/acre $1000/acre

Building Replacement (must be approved by the NDDH during the planning phase)

Construction Item

Planning Rates for

Estimating Design

Phase Costs



Share Assistance *


Services **

Building Replacement (total

square feet cannot exceed

square feet of abandoned

buildings)


exceed $5.00/square foot. Not an eligible inkind service

* Actual Costs must be documented with the appropriate bid contracts, vouchers, receipts, etc. Section 319 cost share

cannot exceed 60% of the actual costs.

** Producer Inkind Services are defined as services and materials provided entirely by the producer and/or their

employees to accomplish a specific construction item. This does not include independent “off-farm” services and/or

contractors (e.g., custom gravel hauling, manure hauling, etc.) hired by the producer or materials purchased from a private

vendor. Instead, these costs must be documented with the appropriate receipts or vouchers and identified as an actual cost

or donated inkind match, rather than producer inkind services.

Eligible Section 319 costs and/or inkind services associated with a livestock manure management

system are limited to the construction items listed in Table 4. However, it is recognized that all

potential costs associated with on-site construction or relocation of a manure management facility

may not be included in Table 4. In such cases, Section 319 financial support for the omitted

construction item or practice can be addressed on a case-by-case basis by the NPS Program.

J. Section 319 Cost Share Limitations per System

Total Section 319 cost share assistance for a manure management system cannot exceed $210,000.

The Section 319 funding must first be used to support the installation of the planned practices that

will protect surface and ground water quality and address applicable state regulations. Eligible BMP

27

would include practices such as holding ponds, diversions, clay liners and dikes. Additional practices

that do not directly address potential water quality impacts, (e.g., interior fencing; heavy use pads;

buildings, etc.), may also be cost shared if sufficient funds are available under the $210,000 limit and

only after the necessary practices have been installed to protect surface and ground water resources.

In the event Section 319 cost share limitations will not allow adequate support for practices needed to

prevent contamination of surface and/or ground water resources, approval to exceed the $210,000

limit may be requested from the NPS Program.

Periodically, cost share assistance provided through the USDA Environmental Quality Incentive

Program (EQIP) will be used in concert with Section 319 funding to support the construction of a

manure management system. Coordinating these two funding sources is allowable provided the EQIP

funds are not used as match to the Section 319 funds and the total federal cost share assistance (i.e.,

319 plus EQIP) does not exceed $210,000 per system. In addition, given the differences in the

payment schedules between the programs, EQIP and Section 319 funds cannot be used to support

portions of the same component (e.g., excavation, exterior fence, feed pads, etc.) of a system. As an

example, if EQIP will be cost sharing the excavation work, Section 319 funds cannot be used for any

practice components associated with the excavation. Instead, the EQIP would need to cost share all

the practices associated with the excavation and Section 319 funds would be used to support other

parts of the system. Given this restriction, during the planning phase, the appropriate NRCS staff,

319 project coordinator and cooperating producer must meet to determine which specific components

of the system will be supported by each cost share program.

K. Federal Animal Limitations for Large CAFO’s

As previously indicated, large concentrated animal feeding operations are not eligible for Section 319

financial assistance. If the peak number of animals at a facility exceeds the federal limit listed below

for that type of feeding operation, the facility is considered a large CAFO. Specific federal limits on

the minimum number of animals for the most common types of large CAFO’s are as follows:

Animal Type Minimum Number of Animals

Cattle (other than mature dairy cows and veal calves) 1000

Mature Dairy Cows 700

Swine (> 55 lbs.) 2,500

Swine (< 55 lbs.) 10,000

Turkeys 55,000

Horses 500

Sheep or Lambs 10,000

28

X. NPS PROGRAM COST-SHARE POLICIES FOR MULTI-YEAR EASEMENTS AND

SHORT-TERM MANAGEMENT AGREEMENTS FOR RIPARIAN AREAS

Section 319 funding can be used to cost share short term management agreements or multi-year

easements focused on riparian areas. To be eligible for assistance, the goal of the easement or short-

term management agreement must be the establishment and maintenance of permanent vegetation

within the designated riparian corridor for the duration of the agreement period.

Short term management agreements can be three to five years in length with the option to extend the

agreement at the end of each agreement period. Each extension will be limited to three years and

must be approved by the project sponsors and the NPS Program. Within each agreement, the Section

319 payments must be scheduled to occur on an annual basis at the end of the growing season (i.e.,

November or December). If needed, lump-sum payments can be used, but must be pre-approved by

the NPS Program. The appropriate documentation for the required non-federal match to the Section

319 payment must also be provided to the local project sponsor on an annual basis. Since the

payments to the producer will be based on compliance with the agreement provisions, the short-term

management agreements do not need to be recorded with the county recorder’s office and do not need

to be attached to the land deed for the acres identified in the agreement.

The minimum length for a multi-year easement is five years and the maximum length is 20 years.

Multi-year easements must be developed for a fixed time period and will not be eligible for extension

at the end of the easement period. The Section 319 assistance for an easement will be issued as a

single lump sum payment during the first year of the easement period. All nonfederal match

requirements associated with the Section 319 assistance must be secured and properly documented by

the participating landowner the first year of the easement agreement. Documentation for the

nonfederal match must be provided to the project sponsor prior to the issuance of the Section 319

payment. Each multi-year easement must be approved by the project sponsor, NPS Program and the

entity that will manage the easement. A notice of agreement must also be recorded with the county

recorder’s office and attached to the land deed for the applicable acres for the duration of the

easement agreement. An example of a notice of agreement for a multi-year easement is provided in

Appendix G.

Given the similarities between a short-term management agreement and a multi-year easement, the

policies associated with either process are essentially the same. As such, unless otherwise noted, the

following policies are applicable to short term management agreements and multi-year easements.

Additionally, in the following policy statements and guidelines in this section, the short-term

management agreement and multi-year easement will be collectively referred to as the “riparian

agreements.”

Each riparian agreement must identify specific management measures that will be implemented.

These management measures or BMP must ensure a diverse and permanent vegetative buffer is

maintained on the enrolled acres and provide the necessary protection to improve the stability of

29

adjacent streambanks or shorelines. The riparian agreement must also clearly identify all use

restrictions and prohibited management practices on the enrolled acres.

Eligible acres will be limited to land immediately adjacent to waters of the state. More specifically,

this includes the corridor of land that runs parallel to the waterbody and has a minimum width of 100

feet from the water’s edge during bank full conditions. The maximum width of the corridor should

not exceed 300 feet. For a river or stream, the minimum and maximum eligibility criteria apply to

each side of the stream or river, separately. Along waterbodies where there is a permanent structural

boundary (e.g., fence; road, etc.) or a property line, the 100 to 300 foot limitations can be

increased/decreased to follow the existing structural boundaries and/or changes in land ownership.

Any adjustments to the limitations must be approved by the NPS Program, project sponsors and the

organization managing the riparian agreement.

Section 319 financial assistance will be based on the length of the agreement; total acres enrolled; and

site-specific rental rates for pasture or cropland. The site-specific rental rates cannot exceed the

applicable average annual rental rates listed in the most current “County Rents and Prices”

publication distributed by the ND Department of Trust Lands. The web address for the County Rents

and Prices publications is https://www.land.nd.gov/search?query=county+land+rents+and+prices.

Cost-Share Policies

Section 319 cost-share assistance will be authorized for the riparian agreements if the following

criteria are met.

• The riparian agreement has been reviewed and approved by the NPS Program. [Note: If a

project will be using a “standard” riparian agreement for all producers, only the standard

agreement will need to be approved by the NPS Program. Subsequent agreements based on

this standard agreement would not need to be approved individually.]

• The project sponsor or another eligible organization has agreed, in writing, to hold and

manage the riparian agreement for the entire effective period.

• If the riparian agreement is a short-term management agreement, the effective period is three

to five years or, if the agreement is a multi-year easement, it is a minimum of 5 years in length

and does not exceed 20 years in length.

• If the riparian agreement is a multi-year easement, a notice of agreement must be recorded

with the county recorder’s office and attached to the land deed for the applicable acres for the

duration of the easement. Short term management agreements are not subject to this

requirement. The fully executed CPO will serve as the agreement for the short term

management agreements.

https://www.land.nd.gov/search?query=county+land+rents+and+prices

30

• The riparian agreement is signed by the landowner and the entity that will be managing the

easement.

• The total cost of the riparian agreement is based on the number of acres; length of the

agreement; and applicable average rental rates. [Note: The rental rates cannot exceed the

applicable average county rental rates for cropland or pastureland listed in the most recent

County Rents and Prices publication distributed by the ND Department of Trust Lands.]

• Acres that are not currently being used for crop, hay or livestock production have been

omitted from the acres enrolled under the riparian agreement. These “idle acres” are not

eligible for Section 319 payments.

• The purpose of the riparian agreement is to restore and/or protect the beneficial uses of waters

of the state by maintaining a diverse and permanent vegetative community within the riparian

corridor as well as on other lands identified in the riparian agreement.

• Locations of the land enrolled in the riparian agreement are clearly identified by a legal land

description and a map included in the agreement.

• The total amount for the annual payments or lump sum payment is identified in the riparian

agreement. The applicable payment amount must also be reflected on the signed Application

for Payment (AFP) form when Section 319 cost share assistance is requested to support the

riparian agreement. Section 319 cost share assistance cannot exceed 60% of the applicable

average county rental rate listed in the most recent County Rents and Prices publication.

• The required nonfederal cash and/or inkind match has been secured and properly documented

by the landowner and approved by the project sponsors.

• Management obligations of the landowner are well defined in the riparian agreement and

limited to practices or activities that will enhance and maintain the diversity of the vegetative

community on the enrolled acres. All use restrictions and prohibited management practices

must be clearly identified in the riparian agreement.

• The enrolled acres are not included in another active easement or management agreement

managed and supported by a local, state or federal agency or a private organization.

• The appropriate information has been entered in the NPS Program BMP Tracking database to

document the riparian agreement acreage, location, and costs.

• The policies and criteria described in Sections III and IV have been followed when developing

31

the riparian agreement Conservation Plan of Operation (CPO) and/or requesting Section 319

cost share assistance.

Cost-Share Rates and Eligible Match

Section 319 funds can be used to support up to sixty percent (60%) of the total costs scheduled in an

approved CPO for a riparian management agreement. These costs may be associated with the annual

or lump sum payment and/or other eligible BMPs implemented to enhance the benefits of the riparian

agreement. For the annual or lump sum payments, Section 319 cost share assistance cannot exceed

60% of the applicable average county rental rate listed in the most recent County Rents and Prices

publication. The forty percent (40%) match required for the Section 319 assistance is the

responsibility of the participating landowner.

The landowner match can include cash and/or inkind match. The comments provided with the CPO

and AFP must identify the sources for this cash and/or inkind match as well as the amount contributed

by each source. In the event other entities or organizations are also supporting the riparian agreement,

only the cash and/or inkind match derived from nonfederal sources will be eligible match to the

Section 319 funds. All cash or inkind match committed under a CPO must be secured by the

landowner and/or project sponsor prior to the issuance of Section 319 cost share assistance for the

riparian agreement.

Inkind match requirements of a landowner under a riparian agreement CPO can be partially or fully

met with donated inkind match from the project sponsor and/or through the implementation of

eligible BMPs with no cost share assistance. Eligible BMPs include all practices listed in these

Guidelines. To be an eligible inkind match source, the BMPs implemented by the landowner must

be: 1) scheduled in their CPO; 2) applied on lands under their management without any federal cost

share assistance; and 3) fully implemented before Section 319 assistance is requested for the annual

or lump sum riparian agreement payment. When possible, these BMPs should be implemented on

fields immediately adjacent to the land enrolled under the riparian agreement. The inkind match

value of the applied BMPs must be based on the planning rates listed these Guidelines or actual

documented costs. Local project sponsors and staff will be responsible for the verification and

documentation of scheduled BMP implementation and the associated inkind match value.

Section 319 cost share assistance can be issued by the project sponsors as annual payments under a

short-term management agreement or as a single lump-sum payment under a multi-year easement.

The Section 319 payment schedule must be agreed upon, in advance, by the project sponsor;

participating landowner; and entity managing the riparian agreement. The payment schedule cannot

extend beyond the end-date of the project and must be coordinated with the availability of the

required cash and/or inkind match. Prior to the issuance of Section 319 cost share assistance, the

value of the cash and/or inkind match earned or donated must be verified and approved by the local

project sponsors. In addition, the cumulative value of the Section 319 cost share assistance plus any

32

nonfederal cash contributions cannot exceed the total annual or lump-sum payment listed in the

riparian agreement.

XI. APPROVED METHODS AND REQUIREMENTS FOR PROCURING

CONSTRUCTION SERVICES, EQUIPMENT AND SUPPLIES

Implementation of Section 319 projects may require the purchase of various equipment and supplies

as well as the employment of private contractors to construct scheduled BMP. Practices that may

require the acquisition of a private contractor include BMP such as livestock manure management

facilities, clean water diversions, pipelines and ponds. Equipment purchases may include such items

as computers, flow meters, and data loggers. Vehicles and construction equipment are not eligible

equipment purchases under the NPS Program.

The costs and qualifications of private vendors and contractors may vary significantly within a project

area. To ensure the project sponsors or cost share recipients (e.g., agricultural producers, private

landowners, homeowners, etc.) secure the most qualified contractor or vendor for the lowest possible

cost, the appropriate procurement method must be utilized. When planning major purchases or

selecting a contractor, each of the approved procurement methods must be reviewed by the project

sponsors and/or cost share recipient to ensure they are aware of their responsibilities and the specific

procurement methods required for the proposed purchase or BMP construction. Summaries of the

approved methods for procuring construction services, equipment, or supplies are provided in the

following subsections.

A. Level I Purchases:

This category includes services, supplies, or other purchases that cost less than $10,000.

• Obtain at least one price quote.

• Use appropriate procedures to ensure services are obtained at a fair and reasonable price. Fair

and reasonable price can be based on previous purchases, market research, published process,

or by soliciting more than one vendor.

B. Level II Purchases

This category includes services, supplies, or other purchases that cost at least $10,000 but less than

$50,000.

• Provide the appropriate information to potential vendors and obtain written or oral price or

rate quotations from three or more qualified vendors. If three price or rate quotations cannot

be obtained, written justification must be retained on file explaining why less than three

vendors were involved in the process.

33

• Document the amount, date and source of each price or rate quote.

• Selection of the vendor should be based on the lowest responsible price or rate quotation. If

the vendor with the lowest price or rate is not selected, written justification as to why another

vendor was selected must be provided to the project sponsor for approval before the vendor is

hired. If approved, Section 319 cost share assistance will be based on actual costs, not to

exceed, the accepted price or rate quotation. Documentation of this process must be retained

on file in the project office.

C. Level III Purchases

This category includes services, supplies, or other purchases that cost at least $50,000 but less than

$100,000.

• Provide the appropriate information to potential vendors and solicit written informal bids or

proposals from three or more vendors.

• Selection of the vendor must be based on the lowest responsible informal bid or proposal. If

the vendor with the lowest informal bid is not selected, written justification as to why another

vendor was selected must be provided to the project sponsor for approval before the vendor is

hired. Section 319 cost share assistance will be based on actual costs, not to exceed, the

accepted informal bid amount. Documentation must be retained on file in the project office.

D. Level IV Purchases

This category includes all services, supplies, equipment, or other purchases that cost $100,000 or

more. Sealed bids, competitive proposals, or noncompetitive proposals are eligible procurement

methods. The specific method that can be used may differ between projects and will be dependent on

the conditions and requirements of the procurement method.

Following the completion of any procurement method for a Level IV purchase, a contractual

agreement should be developed between the approved contractor or vendor and the recipient of the

services, supplies, or equipment. A sample Landowner/Contractor contract is provided in Appendix

F. Summaries of the requirements for three procurement processes are as follows:

1) Sealed Bids:

(a) Procurement by Sealed Bid - Bids must be publicly solicited with a firm-fixed price contract

(lump sum or unit price) being awarded to the entity whose bid conforms with the material terms and

conditions of the bid invitation and is the lowest in price. The sealed bid process is the recommended

method for securing constructions services. To ensure a sealed bid procurement process is the most

appropriate method, the following conditions must apply:

34

• Complete, adequate, and realistic specifications or purchase descriptions are available.

• Two or more responsible bidders are willing and able to effectively compete for the

business.

• The procurement lends itself to a firm-fixed price contract and selection of the

successful bidder can be made principally on the basis of price.

(b) Sealed Bid Requirements: If a sealed bid process is used, the following requirements must be

met:

• The bid invitation must be publicly advertised with bids solicited from two or more

known suppliers. All potential bidders must be made aware of the established bid

opening date, time and location.

• The bid invitation must be publicly advertised a minimum of 30 days prior to the

established bid opening date.

• If necessary, the entity or individual soliciting the bid may establish a bid holding

period, not to exceed 20 days, to allow for closer review of bids and bidder

qualifications following the bid opening date.

• The bid invitation shall include specifications and pertinent attachments that clearly

define the bid items and/or services associated with the project.

• All bids must be publicly opened at the time and location specified in the bid

invitation.

• A firm-fixed price contract award must be made in writing to the lowest responsive

and responsible bidder. Section 319 cost share assistance must be based on the

accepted firm-fixed price.

• Any or all bids may be rejected if there are sound documented reasons.

2) Competitive Proposals:

(a) Procurement by Competitive Proposal: The competitive proposal process can be utilized if more

than one source can submit an offer and either a fixed-price or cost-reimbursement type contract will

be awarded. This method is generally used when conditions are not appropriate for the use of sealed

35

bids and factors other than the “lowest price” are needed to select the most appropriate services and/or

entity.

In general, the competitive proposal process may include three phases. The first phase involves a

publicized request for proposals describing vendor/contractor qualifications, experience, staff, office

locations, etc. Rates or costs are not included in this first phase. The second step of the process

focuses on the review of all proposals and the selection of the most qualified applicant. During the

third and final phase, representatives of the entity soliciting the proposals will meet with the selected

applicant to negotiate a mutually agreed upon price or rate. If an acceptable price or rate cannot be

established, negotiations can be initiated with the next most qualified applicant.

(b) Competitive Proposal Requirements: If the competitive proposal method is used the following

requirements apply:

• The request for proposals must identify all evaluation factors and their relative

importance and be publicly advertised. Any response to the publicized request for

proposals must be honored.

• The request for proposals must identify a deadline date and address for submitting

proposals. A minimum of 30 days must be allowed for responses to the publicized

request for proposals.

• Proposals must be solicited from two or more qualified sources.

• The project sponsors and/or individual(s) responsible for the approval of the

competitive proposals must have an established process and methods for evaluating all

proposals and selecting the most appropriate proposal. This review process should not

exceed 20 days.

• Unless all proposals are rejected, the contract award must be offered to the responsible

entity whose proposal conforms to the solicitation and is determined to be the most

advantageous to the project, taking into consideration price and the evaluation factors

set forth in the request for proposals. No other factors or criteria should be used in the

proposal evaluations.

• Written notice of the award of the contract to the successful applicant must be

promptly sent to all entities that submitted proposals. The basis for the contract award,

including any evaluation worksheets, must be retained on file.

3) Noncompetitive Proposals:

(a) Procurement by Noncompetitive Proposals: This method involves the procurement of services

36

through the solicitation of a proposal from only one source. Noncompetitive proposals can only be

used when it has been determined through previous solicitations of multiple sources that competition

for the project is inadequate. This method may not be used if the sealed bid or competitive proposal

methods can be used to secure the necessary services.

(b) Noncompetitive Proposal Requirements: If the sealed bid, competitive proposal or small

purchase procedures are not feasible, procurement by the noncompetitive proposals may be used if

one or more of the following circumstances apply:

• The necessary services and/or items are only available through a single source.

• A public emergency involving the project will not allow for delays associated with

other procurement methods.

• The NPS Program has approved the use of noncompetitive proposal procedures.

• After solicitation of multiple sources, competition is determined to be inadequate. The

NPS Program must be involved in the process that is used to make this determination.

37

LIST OF APPENDICES

Appendix A: Contacts for Downloading the NSP Program BMP Tracking Database

Appendix B: Section 319 Cost Share Agreement Provisions

Appendix C: Habits for Effective Conservation Planners

Appendix D: Guidelines for Determining Potential Effects to Cultural Resources

Appendix E: Partial System Manure Management Plan

Appendix F: Sample Landowner/Contractor Contract

Appendix G: Example of a Multi-Year Easement Notice of Agreement

38

Appendix A

Contacts for Downloading the NPS Program BMP Tracking Database

The NPS Program BMP Tracking database must be used to track Section 319 expenditures on

BMP implemented within the project areas. The database will generate all the required producer

agreement forms for scheduling BMP implementation and Section 319 cost share assistance.

These required documents include the Conservation Plan of Operation (CPO) and Application

for Payment (AFP) form as well as the associated CPO and AFP Comments. Numerous other

reports can also be developed by the database to aid with the management of Section 319 BMP

cost share funds.

Training on the use and management of the database will be provided, as needed, by NPS

Program staff. To request training or information on how to access the database, contact Greg

Sandness at [email protected] or 701-328-5232 or Joe Gross at [email protected] or 701-328-

5292.

mailto:[email protected]

mailto:[email protected]

39

Appendix B

Section 319 Cost Share Agreement Provisions (Must be attached to the producer’s CPO)

Each undersigned person agrees to participate in the Section 319 Conservation Plan of Operation

(CPO) and to comply with the following terms set forth and approved by the Section 319 Project

Sponsors for the period covered by this agreement. The terms are as follows:

• The conservation and/or environmental practices identified herein address all the major

nonpoint source pollution (NPS) concerns on the identified land units and will directly or

indirectly improve the water quality and beneficial use conditions in the watershed project

area. The specific corrective measures needed to reduce identified NPS pollution impacts

to water quality and beneficial uses of the targeted waterbody are contained in the

Conservation Plan Schedule of Operations (CPO) approved by the Section 319 Project

Sponsors. All practices shall be performed according to the CPO and in accordance with

the Natural Resources Conservation Service (NRCS) standards and specifications or

alternative standards approved by the NPS Program that are in effect at the time the practice

is performed. The practices shall be maintained for their normal lifespan even though the

agreement has expired. Section 319 cost-share assistance for eligible practices will be

issued upon completion of the practice and as scheduled in the agreed upon CPO or

subsequently revised CPO approved by the cooperating producer/operator and Section 319

Project Sponsors.

• The undersigned person recognizes that the implementation of some practices in the CPO

may result in the generation of eligible in-kind match and the in-kind match value of the

specific practices scheduled in the CPO has been reviewed with Section 319 project staff.

Based on the information reviewed and contained in the CPO, the undersigned agrees to

donate the in-kind match as scheduled in the CPO to the Section 319 Project Sponsors to

support technical assistance provided by the project.

• Application for payment of Section 319 cost share assistance obligated for the completed

practices scheduled under this agreement will be made on the NPS Program “Application

for Payment” form which upon approval by the Section 319 Project Sponsors will become

part is this agreement.

• Each undersigned person is jointly and severally responsible for compliance with the terms

and conditions of this agreement as to the conservation and environmental problems that

will be addressed by the best management practices (BMP) identified in the CPO on the

specified land units on which the undersigned is an owner and/or operator. In the event it

has been determined the undersigned has failed to comply with the terms and conditions of

this agreement, a refund of the Section 319 cost share payment must be made to the Section

319 Project Sponsors. Failure to comply with the terms and conditions will be defined as a

violation of one or more of the following actions:

• The undersigned voluntarily destroys the practice(s) installed with Section 319

40

cost share assistance.

• The undersigned does not maintain the cost shared practice in a fully functional

condition for the approved lifespan of the practice. [Note: If the undersigned

voluntarily relinquishes control and/or title to the land on which the cost shared

practice(s) have been established, the new owner and/or operator of the land

should be informed of the maintenance requirements of the cost shared

practice(s) and be encouraged to properly maintain the practice(s) for the

remainder of the approved lifespan.]

• A practice failure is determined by the Project Sponsors to be caused primarily by

the fault of the undersigned.

I, the undersigned, certify that I have read and understand the provisions listed above:

Signature: Date:______________________

41

Appendix C

Whether you’re a seasoned conservation planner or just starting, the 10 habits below have been shown to be most effective when planning with farmers and ranchers. Can you check off each box for the habits below?

□ 1. Develop a relationship with your customers. Learn how they operate and about the land they

operate. Each operation is unique with their own challenges and opportunities.

□ 2. Be mindful of their time. Be punctual, prepared, and personable.

□ 3. Know your soils, flora, fauna, and commodities for your local area and region so you can talk

knowledgably with your customers.

□ 4. Know your resource concerns, be able to identify them, and which conservation practices

address those resource concerns and their alternatives. Show them the issues in the field or explain why it is

a resource concern and how addressing it will help them and others.

□ 5.Keep current on the latest technology, research and agriculture related issues. Share this

information with coworkers and customers.

□ 6. Learn who your partners are, what they have to offer and how they can help your customers

and you. Look for ways to expand the Partnership at the local level to increase participation and support.

In return, share our programs and services with partners.

□ 7. Follow up with customers and ask for feedback. Do your customers still have practices to

implement or are they working as intended? Has anything changed?

□ 8. Learn all of your local, state and farm bill programs, and how they can help customers to achieve

their goals for their operation.

□ 9. Learn something new or volunteer for special duties that will increase your knowledge base.

This will help you and the customers

□ 10. Avoid using acronyms for conservation programs, forms, tools, etc…as this will create

confusion and frustration with our customers and partners you work with.

42

Appendix D

ND NONPOINT SOURCE POLLUTION MANAGEMENT PROGRAM GUIDELINES

FOR DETERMINING POTENTIAL EFFECTS TO CULTURAL RESOURCES

(Updated July 2020)

During the planning process, potential impacts to cultural resources must always be taken into

consideration when Section 319(h) financial and/or technical assistance is committed for the

implementation of best management practices (BMPs). Although many of the BMPs cost shared

by the ND Nonpoint Source Pollution Management Program (NPS Program) will not impact

cultural resources, there are some BMPs that could directly or indirectly affect these resources.

Therefore, during the planning process, local project staff must assist cooperating producers with

the determination of potential cultural resource effects associated with the scheduled BMPs.

This determination must be completed prior to the installation of the BMPs. In general, this

process will involve the following steps:

Step 1: Determine if any of the scheduled BMPs are defined as an undertaking. For BMPs

supported with Section 319(h) funding, an undertaking is defined as a practice that could

conceivably have a direct or indirect effect on historic properties, if such properties are in the

Area of Potential Effects (APE). The APE includes the specific area the BMP will be installed

as well as any access roads, borrow areas, and spoil deposition areas associated with the

installation of the BMP. Table 1 identifies the BMPs supported by the NPS Program that are

considered undertakings.

• If a BMP is not identified as an undertaking in Table 1, it should be

documented as such in the producer file, and installation of the BMP can

proceed.

• If a scheduled BMP is listed as an undertaking in Table 1, the State Historic

Preservation Officer (SHPO) must be consulted regarding potential effects of

the planned BMP on historic properties. Steps 2 through 5 describe the

consultation process and information that must be provided to the SHPO. [Note: If the development of a producer’s plan is coordinated with another State or Federal

agency, the specific roles and responsibilities of each agency, as they relate to Steps 2

through 5, should be clearly defined during the early stages of the plan development.]

Step 2: Submit a request for a cultural resource review to the SHPO. Information to include in

the request is as follows:

• Description of the planned BMPs and associated construction activities. Also

indicate the size of the Area of Potential Effect.

• Legal description (Township/Range/Section/Quarter/Quarter) of the BMP

location. Whenever possible, provide very specific information on the location

of the planned BMP to minimize the size of the APE.

43

• Photographs and maps of the area where the BMP will be installed. If

applicable, an engineering plan view map should also be provided. On each

map, highlight the Area of Potential Effect (APE).

• Forward the information and a cover letter requesting a cultural resource

review to: Lisa Steckler; State Historical Society; ND Heritage Center; 612

East Boulevard Avenue; Bismarck, ND 58505-0830. (Telephone: 328-3577)

Step 3: The SHPO should respond within 30 days of the receipt date of the consultation

correspondence. The response from the SHPO should provide a recommendation on whether a

cultural resource inventory is or is not needed within the APE.

• If the SHPO does not recommend a cultural resource inventory, the

appropriate correspondence must be included in the producer’s file and BMP

implementation can proceed.

• If the SHPO recommends a cultural resource inventory, the recommended

inventory must be completed by an individual that has been permitted by the

SHPO. A list of current permit holders can be obtained from SHPO. Steps 4

and 5 must be completed if an inventory is recommended.

Step 4: Contract with an eligible party to complete the recommended cultural resource inventory

and report. The report should identify historic properties within the APE as well as any potential

effects BMP implementation may have on cultural resources, if such properties are present.

Step 5: In cooperation with the producer and the individual contracted to conduct the inventory,

submit the cultural resource inventory report to the SHPO.

• If the inventory report indicates a “No Historic Properties Affected”

determination, the report must be included in the producer file and BMP


• If the inventory report indicates a “No Adverse Effect” determination,

concurrence must be obtained from the SHPO. In the event a disagreement

arises, consultation on the determination could also be sought through the

Advisory Council on Historic Preservation (ACHP). Concurrence must be

obtained from the SHPO or, if applicable, the ACHP before BMP


• If the inventory report indicates there will be “Adverse Effects,” a

Memorandum of Agreement (MOA) between the SHPO, ACHP, NDDEQ,

and cooperating producer will need to be developed. This MOA will describe

how the “Adverse Effects” to the historic properties will be mitigated.

Implementation of the BMP cannot proceed until the MOA is completed and

agreed upon.

44

As a follow-up to the initial consultation process, periodic site visits should also be conducted

during BMP construction. These site reviews should be completed to document construction

progress and verify that cultural resources are not being affected by the activities. The date of

the site visits as well as a summary of the construction activities and any cultural resource

findings must be documented and included in the producer’s file.

In the event, previously unknown cultural resources are discovered, or unanticipated effects will

occur to previously known historic properties, the cooperating producer and/or contractor must

be instructed to immediately discontinue all construction activities in the APE. This notification

must also indicate that failure to cease construction activities affecting the historic properties will

result in the immediate suspension of Section 319(h) financial and technical assistance. To allow

continued Section 319(h) financial support for the BMP, consultations with the SHPO must be

reinitiated and completed before BMP construction can resume.

Table 1. Undertaking determinations for BMP supported by the NPS Program

NRCS

CODE

PRACTICE UNDERTAKING

YES NO

328 Conservation Crop Rotation X

656 Constructed Wetland X

340 Cover Crop X

342 Critical Area Planting X

356 Dike X

362 Diversions X

382 Fencing X

386 Field Border X

393 Filter Strip X

410 Grade Stabilization Structure X

412 Grassed Waterway X

561 Heavy Use Area Protection X

422 Hedgerow Planting X

447 Irrigation System Tailwater Recovery X

472 Access Control/Use Exclusion X

634 Manure Transfer X

590 Nutrient Management X

512 Pasture and Hayland Planting (Forage & Biomass Planting) X

45

NRCS

CODE


YES NO

595 Pest Management X

516 Pipelines X

378 Pond X

528A Prescribed Grazing X

550 Range Planting X

329A Residue Management, No Till & Strip Till X

329B Residue Management, Mulch Till X

329C Residue Management, Ridge Till X

344 Residue Management, Seasonal X

391 Riparian Forest Buffer X

390 Riparian Herbaceous Cover X

558 Roof Runoff Structure X

350 Sediment Basin X

574 Spring Development X

580 Stream Bank & Shoreline Protection X

584 Stream Channel Stabilization X

587 Structure for Water Control X

600 Terrace X

610 Salinity & Sodic Soil Management X

614 Trough and Tank X

601 Vegetative Barrier X

312 Livestock Manure Management System (all components) X

635 Waste Water Treatment Strip X

633 Waste Utilization X

638 Water and Sediment Control Basin X

640 Water Spreading X

642 Well X

351 Well Decommissioning X

46

NRCS

CODE


YES NO

658 Wetland Creation X

657 Wetland Restoration X

380 Windbreak/Shelterbelt Establishment X

During the implementation of a local project, BMP’s that are not listed in Table 1 may be needed

to accomplish identified NPS pollution management goals. In such cases, the NPS Program, in

consultation with the SHPO, will need to provide a determination on whether the “unlisted”

practice is defined as an undertaking. To request an undertaking determination for a practice not

listed in Table 1, a written description of the BMP and the associated installation activities must

be submitted to the NPS Program Coordinator. This description will be forwarded, by NPS

Program staff, to the SHPO for review and comment. Following the SHPO review of the

practice description, NPS Program staff will notify the local project staff and/or producer of the

undertaking status and any subsequent steps associated with the cultural resource review process.

This notification must be received before the practice can be installed or supported with Section

319(h) financial assistance.

47

Appendix E

Partial System Manure Management Plan

Name & Address

Name:_______________________________________ Telephone: ____________________

Address:______________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Location of Feeding System/Site (Legal Land Description)

Township____ Range_____ Section____ 1/4_____ 1/4 ____

County:________________________

Maps and Descriptions of Livestock Winter Feeding Area(s)

1) Attach a good quality map of the feeding system/site showing the locations and acreage of all

feeding areas; shelters, new/existing fencing; general windbreak sites; diversions, watering

facilities, manure storage areas, planned pipelines, wells, and other planned BMPs. To show the

basic feeding plan, the approximate locations where the portable windbreaks may be moved to

during the winter feeding period must be indicated on the maps. The feeding area proximity to

the nearest surface water must be shown or described on the map. Existing feeding areas that

will be abandoned must also be identified on the map. The information on the maps must be

consistent with information provided in Tables 1 and 2.

48

2) In Table 1, enter the winter feeding area names, descriptions and acreage. If applicable, also

include the names and descriptions of existing areas to be abandoned as well as any confined

feeding sites that will be retained. (Do not include summer grazing areas)

Table 1: Winter Feeding Area Names, Descriptions and Acreage

Feeding Area Name or

Number Description and Acreage for Winter Feeding Areas

Insert Field Name or Number

Describe the location of the field. Also indicate the acreage

for each field used for winter feeding.

3) In Table 2, enter the number of all types of livestock to be fed and the areas each type will be fed on a monthly basis. This

information must show the rotation schedule for the livestock that will be fed in the winter feeding areas on cropland and/or pasture

land. If applicable, the Table should also include the number and time period for all livestock expected to be fed in a confined area. (Do not include summer grazing areas in the table)

Table 2: Planned livestock rotations between winter feeding fields and confined feeding areas.

Livestock

Type

Max.

Number

per

Year Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept

Indicate

all

livestock

types

Total

animals

per

type

Indicate the winter feeding areas where each livestock type will be fed

each month. Do not show summer grazing areas. NA NA NA NA NA

Describe the Current and Planned Winter Feeding System

1) Provide a detailed description of the management practices and feeding locations currently

being used during the winter. The maps of the winter feeding system must show the

locations of the current/existing feeding areas as well as the locations for any areas that will

be abandoned under the new winter feeding plan.

2) Describe the new/planned winter feeding systems. This summary must be consistent with

the information provided on the maps and Tables 1 and 2. The information must address

management factors such as: (a) changes from the previous management/feeding system;

(b) number of different feeding sites per year and schedule for moving between sites; (c)

locations of water sources; (d) schedule for moving portable windbreak; (e) plans for

dealing with adverse weather; (e) management/use of the feeding areas during the growing

season; (f) how surface waters will be protected/avoided; and (g) any other information that

will help describe management of the winter feeding system.

BMP Information and Costs Associated with the Winter Feeding System

1) List the best management practices (BMP) that will be supported with Section 319 funds.

Include the total cost per BMP and the amount of 319 funds committed for each practice.

2) If applicable, provide construction designs for BMP requiring significant excavation

(e.g., diversions, dikes, retention ponds, etc.). These designs must be approved by a

professional engineer.

Nutrient Management Plan

1) Will some livestock (e.g., background calves, heifers, etc.) be fed in a confined area for more

than 45 days where manure will accumulate? (Yes/No) ______. If no, skip questions 2 – 8. If

yes, complete questions 2 – 8.

2) Number of times the confined area will be scraped/cleaned per year._________________

3) Indicate the number and type of livestock to be confined; total number of days they will be

confined; and total amount of manure (tons) that will accumulate in the confined area.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_______________________________________________________

4) Estimated amount of nitrogen and phosphorus that will be contained in the manure that

accumulates in the confined feeding area annually: ______________ (lbs of N) and ________________

(lbs of P) (the value should account for a 40% loss of nitrogen and 10% loss of phosphorus)

5) In the following table, list the crops that are most likely to be grown on the fields were manure

will be applied. [Note: These fields must be listed in the table under #8 and identified on the

attached maps.] Also indicate the expected yield and estimated nutrient (N&P) needs for each

crop

Crop Type

Expected Yield (bu/ac);

(lbs/ac) or (tons/ac)

Estimated amount of Nitrogen and

Phosphorus Needed per Crop

Nitrogen Phosphorus

6) Based on the amount of manure accumulated per year and the nutrient (nitrogen & phosphors)

content in the manure, on average, how many acres will be needed annually for proper manure

application? _______________ (acres)

7) Indicate the method used and timing (i.e., months each year) for annual manure

applications: _______________________________________________________________

______________________________________________________________________________

____________________________________________________________________

8) In the following table, list all the fields and acres that will be used for manure application

(attach an extra sheet if needed). Also, indicate how the manure application rates will be

determined. Attach a map clearly showing the locations of all fields that will be used for manure

application.

Field ID or

Number

Spreadable

Acres in

Field

For the next 5 years,

indicate the year manure

will be applied on the field

Will manure

application rates be

based on soil tests?

Will manure

application rates

be based on N or P

values?

Yes / No N / P

Yes / No N / P

Yes / No N / P

Yes / No N / P

Yes / No N / P

Yes / No N / P

Certification

The Section 319 cost share for windbreaks, water systems, fencing or other practices is being

provided to prevent livestock manure and wastes from entering surface waters. As such, the

small feeding area manure management plan must be followed and all scheduled practices must

be implemented, as described above. The movement of the feeding sites and portable

windbreaks also must be completed frequently to prevent excess manure accumulations that

could impact normal farming and/or grazing practices. In addition, the portable windbreaks must

not be used as protection in confined lots and manure must not be spread on frozen ground or

within 100 feet of waters of the state (e.g., creeks, rivers, lakes, etc.). Periodic site checks will be

completed by ND Department of Health staff to ensure the small feeding area manure

management plan is being implemented as described above and any cost shared items are being

maintained and utilized correctly. These site reviews will also provide the opportunity to revise

the plan to better fit any subsequent management changes.

I certify that I have examined and understand all the information provided in this management

plan and the associated attachments and that, to the extent possible, the information is true,

accurate, and complete. I also certify that I have been informed and am fully aware that this

management plan and the planned practices therein may not result in full compliance with

current state or federal rules regarding livestock manure management.

___________________________________________ __________________

(Owner/Operator Signature) (Date)

Appendix F

Sample Landowner/Contractor Contract (For Contractor Installation of BMP’s)

Landowner and/or Producer

Contractor

Name:

Name:

Address:

Address:

Telephone: ( )

Telephone: ( )

Project Location:

Attached Plans: Dated: ______, ____ Pages 1-

Drawing No.________________________

Project Description:

Attached Specifications:

BID ITEMS TO BE CONTRACTED IN THIS AGREEMENT:

This Contract is made this _________ day of ________________, 20______ and between

____________________________ hereinafter called the “Contractor” and __________________________________

hereinafter called the “Landowner”, to install the project, or bid item listed above, as specified above.

The Contractor shall perform all the work in accordance with the above referenced Plans and Specifications and subject to

the general provisions hereinafter listed and the special provisions that may be hereinafter listed, for the Contract sum of

_________________________________ Dollars ($______________) as detailed on the attached bid sheet or written

quote. The work shall be performed between __________________ 20__ and _______________ 20__. A. GENERAL PROVISIONS

1. Except where otherwise noted, the Contractor shall provide and pay for all materials, labor, equipment, tools, power,

water and other items necessary to complete the work.

2. Unless otherwise specified, all materials will be new, and both workmanship and materials shall be of a good quality

and all work completed in a workmanlike manner.

3. Subcontractors engaged by the Contractor shall be bound by the plans and specifications and provisions of this

Contract. The Contractor assumes the responsibility for payment of the Subcontractors. No contract between a Contractor

and a Subcontractor will be considered a contract between the Landowner and/or Producer and the Contractor. Anything

mentioned in the specifications, and not shown on the drawings, or shown in the drawings and not mentioned in the

specifications, shall be of like effect as if shown in both. In the case of difference between the drawings and specifications,

the specifications shall govern. In the case of discrepancy in figures, in the drawings, or in the specifications, the matter

shall promptly be submitted to the Contracting Officer Representative (Project Engineer or Designated Representative)

who shall make a determination in writing. Any adjustment by the Contractor without such determination shall be at the

Contractor’s own risk and expense.

4. The Contractor shall, during his regular working hours, permit observation of the work by the Landowner and/or

Producer, his authorized agents and public authorities who have a legitimate interest in the successful completion of the

work.

5. Work items which require inspection and approval, which cannot be inspected at a later date due to being buried or

covered, shall be performed only during regular work hours, 8:00 AM - 4:30 PM, Monday through Friday, with the

exception of holidays, except with the prior permission of the Project Inspector. The Contractor shall allow inspections at

the date and time set forth in the inspection plan.

6. When a unit price has been requested as a method of payment, the unit price submitted shall apply within a range of

+/- 10 percent of the estimated number of units on the bid sheet

7. All disputes arising under or related to this Contract shall be resolved by stating the problem in writing to the other

party and that party must document the nature of the claim.

8. When additional work or changes in work are necessary, the Contractor, Landowner and/or Producer, Project Engineer

and/or Project Designer must review the changes and make a technical determination that the work is needed. When a

modification is approved, the design modification will be completed by the Project Engineer and signed by the Project

Engineer. No design modifications may occur without the approval of the Project Engineer.

9. The Contractor shall re-execute any work that fails to conform to the requirements of this Contract and that appears

during the progress of work. The Contractor shall remedy any defects due to faulty materials or workmanship that appear

within one (1) year of the project’s certification. This provision does not supersede any warranty on manufactured materials,

equipment or components of the BMP that extend beyond one (1) year.

10. Should the Contractor fail to execute the work or make reasonable progress towards completion, the Landowner and/or

Producer may issue a written “stop work notice” or terminate the contract. The Contractor shall not be entitled to

compensation for completed work or installed materials and shall be responsible for the cost of removal or correction of

faulty work or materials.

11. Should work be stopped for thirty (30) days or more by an act of God or other problems beyond the control of the

Contractor, than the Landowner and/or Producer and Contractor will review the Contract and modify the performance

dates.

12. The Landowner and/or Producer and Contractor shall each maintain adequate insurance to protect himself/herself from

claims by employees, subcontractors and other items, which may arise from activities under this Contract.

13. The Contractor shall comply with all local, state, and federal regulations that apply to the contracted work.

14. Unless otherwise specified in the drawings and specifications, the Contractor shall remove all trash and debris that

results from this contract from the site.

15. The Contractor shall be responsible for the repair or replacement of property that is damaged by the Contractor and/or

his/her employees.

B. SPECIAL PROVISIONS

The Landowner and/or Producer and Contractor will be responsible for the development of a payment schedule and

guidelines for the practices and/or bid item listed above. This schedule should be completed prior to signing this contract.

[NOTE: If applicable, Section 319 cost share assistance can only be requested upon completion of the practices or bid

items listed above. Issuance of the cost share payment to the Landowner and/or Producer may take between 45 to 60 days.]

There are no other Special Provisions attached to this contract.

In witness whereof, the parties hereto have executed this contract:

Landowner’s and/or

Producer’s Signature: ___________________________________________ Date: ________________________

Contractor: ___________________________________________ Date: ________________________

Appendix G

Example of a Notice of Agreement for a Multi-Year Easement

Easement Notice of Agreement Example

NOTICE OF _____(Program Name) _____________EASEMENT

Notice is hereby given to all persons that _____(Program Name) ____________Easement

#______was entered into between _______(Landowner Name)__________whose address is

________________________("Grantors"), and the _____(Name of Entity Holding the

Easement) ___________________, whose address is _____________________________.

The _____(Program Name) ____________Easement is valid from ______(Time Period for

Easement)_________across the real property described as follows:

The real property description for the easement must include……..the total acres;

legal description for acres enrolled; county location; and a statement referencing

attached maps showing exact locations

For further information, contact the ___________(Name of Entity Holding the Easement and their phone number_____________.

_____(Name of Entity Holding the Easement)______

By_______________________________________ Date______________

(Insert name/title of signatory)

STATE OF NORTH DAKOTA

COUNTY OF ___________

)

) ss

)

On ________day of _______, 20___, before me personally appeared _____________________ known

to me to be the person who is described in and who executed the within and foregoing

instrument, and acknowledged to me that __he/she__ executed the same.

_____________________Notary Public Notary Seal

My Commission Expires: ______________

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